beta
Case Number of the immediately preceding lawsuit
Cheongju District Court-2014-B-1506 (1.06, 2017)
Title
(Incompetence of Trial) Any disposal of secured party’s collateral or seizure of the creditor’s collateral also becomes effective.
Summary
(In the first instance), since the property is owned by a taxpayer at the time of the attachment disposition on the property transferred for security, it cannot be deemed unlawful to seize and sell the property, or null and void as an anti-social legal act.
Related statutes
Article 50 of the National Tax Collection Act, Article 53 of the National Tax Collection Act
Cases
Supreme Court Decision 2017Da208669 Decided Compensation
Plaintiff-Appellant
AAA Construction Company
Defendant-Appellee
Korea
Judgment of the lower court
January 6, 2017
Imposition of Judgment
May 16, 2017
Text
The appeal is dismissed.
The costs of appeal are assessed against the Plaintiff.
Reasons
The records of this case and the judgment below and the grounds of appeal were examined, but the appellant's grounds of appeal are examined.
The argument regarding the procedure of appeal does not include the reasons prescribed in the subparagraphs of Article 4(1) of the Act on Special Cases concerning the Procedure of Appeal.
The appeal is dismissed in accordance with Article 5 of the same Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.